Broward Environmental Remediation

Times January/February 2001 The official bimonthly newsletter of Broward County’s

Environmental Assessment and Remediation Section

Brownfields Redevelopment Initiatives in Broward County

Abandoned contaminated properties in urban neighborhoods may pose a threat to the health of nearby residents andcreate disincentives for new investment in these neighborhoods. Such disincentives contribute to urban sprawl, asinvestors, developers, and industries may utilize pristine or undeveloped land rather than recycling urban industrial orcommercial tracts.

The Florida Brownfields Redevelopment Act (Brownfields Act) was passed in 1997 (and amended in 1998) to providea mechanism to relieve communities of the burden of environmentally contaminated properties while rehabilitatingsuch properties for future productive use. Brownfield sites, as defined by the Brownfields Act, are generallyabandoned, idled, or under-used industrial or commercial properties where expansion or redevelopment is complicatedby actual or perceived environmental contamination. A Brownfield area is a contiguous area of one or morebrownfield sites, some of which may not be contaminated, and which has been designated by a local government byresolution. Such areas may include all or portions of community redevelopment areas, enterprise zones, empowermentzones, other such designated economically deprived communities and areas, and Environmental Protection Agency(EPA) brownfield pilot projects.

Florida’s Brownfields Program is a voluntary program, andthe legislation (Sections 376.77 - .875, Florida Statutes)provides assistance to local governments and the personresponsible for cleanup and redevelopment (ResponsibleParty) with the remediation and sustainable reuse ofBrownfield sites. Key objectives of the Brownfields Programare community economic enhancement through increasedcapital investment, increased tax base and tax revenue, jobcreation, better utilization of community resources, improvedquality of life, and an improved environment.

What are the incentives of the Brownfields Program?

Numerous state and local government financial, regulatoryand technical incentives exist to provide for theredevelopment and sustainable reuse of brownfield sites. Local government incentive options such as fee waivers,

property tax abatements or exemptions, local matches for federal and state programs, and fee moratoriums areavailable to further brownfields redevelopment and cleanup. State incentives include a loan trust fund, a loanguarantee program, a job bonus refund program, a 35% tax credit, a sales tax refund, and liability protection. TheLoan Trust Fund, the Loan Guarantee Program, and the Job Bonus Refund ($2500 per job) is administered by theOffice of Tourism, Trade and Economic Development (OTTED). See Brownfields, continued on page 3

Brownfield Areas in Florida as of September 2000

DPEP Attends 2000 Florida Remediation Conference

With its 6th year of annual presentations, the 2000 Florida RemediationConference was a brilliant success. Sponsored by the Florida Specifier, theevent was held November 15-16 at the Delta Orlando Resort in Orlando,Florida, and was billed as “a technical conference in a casual atmosphere.” Several members of Broward County’s Environmental Assessment andRemediation Section were in attendance.

The conference opened Wednesday morning with introductions from Mike Eastman of the Florida Specifier and ahumorous and thought-provoking opening comment from Nick Albergo, P.E., the Conference Chairman. The well-prepared speakers were introduced with references made to their college football loyalties and current team standingsas ranked by television network pundits. There was naturally some discussion about the current Florida teamstandings, although there were Georgia supporters and a die-hard Tennessee Volunteer. The Palm Beach CountyPreapproval team also took some good-natured teasing with regards to hole-punching and to voter-election issueswhich dominated the news media at the time.

The Conference presentations included many aspectsof the environmental field. An update was givenregarding the comparison of Dense Non-aqueousPhase Liquid (DNAPL) source removal techniquesbeing investigated by the Interagency DNAPLConsortium at Cape Canaveral (for more informationon the Interagency DNAPL Consortium’s technologydemonstration, see the March/April 2000 edition ofthe Times at http://www.broward.org/ppi01500.htm). Other topics included a wide variety of cutting-edgepetroleum contamination assessment and cleanuptechnologies, drilling and well abandonmenttechniques, the use of GIS to assist large scalesampling studies, and reviews of remedial techniquesin conjunction with pay for performance goals. Theremedial technologies discussed included soilbioventing, PHOSter II Bioremediation,

Phytoremediation, Enzyme-Catalyzed Dissolved Oxygen In-Situ Treatment, Perchlorate Remediation, and Oxy-CatRemedial Techniques. Drilling issues included a review of rotosonic drilling and an interesting well abandonmentidea utilizing an inert foam. The performance of the innovative technologies was examined closely by successivespeakers who gave a thorough appraisal of successes and drawbacks of the various technologies. The finalConference session included a panel discussion of Florida’s Petroleum Cleanup Preapproval Program. This discussionwas led by Mike Ashey, the Chief of the Florida Department of Environmental Protection’s Bureau of PetroleumStorage Systems. Mike gave a “State of the Preapproval Program” address, and there was a lively question and answerperiod following Mike’s comments. Many issues and clarifications were covered in this session.

This conference was also a good time to catch up with friends, peers, and colleagues and a great way to makeadditional contacts in the field. Stay tuned to the Florida Specifier or http://www.enviro-net.com for information onthe 2001 Florida Remediation Conference!

Interagency DNAPL Consortium technologydemonstration at Cape Canaveral

Brownfields (continued from page 1)

How must a site be designated as a Brownfield?The Brownfields Act provides two ways for industrial and commercial properties to be designated a brownfield inFlorida. The first option allows a local government to designate a brownfield area by resolution if certain criteria aremet. The second option allows for a person who owns or controls a potential brownfield site to request thedesignation from the local government. The criteria that must be met for a brownfields site include resultingeconomic productivity (creation of at least 10 new full or part-time jobs), local comprehensive plan consistency,appropriate public notice, reasonable financial assurances, establishment of an advisory committee comprised of localresidents within or adjacent to the area and businesses operation within the brownfield area. In addition, the personwho owns or controls a potential brownfield site must agree to rehabilitate and redevelop the site.

What role does Broward County government play in Brownfields?Broward County is authorized by the Brownfields Act to administer the Florida Brownfields Program on behalf of theFlorida Department of Environmental Protection (FDEP). Broward County Government was awarded a pilot grantfrom the State of Florida for the implementation of a Brownfields Program. The Broward County Brownfields TaskForce (Task Force) was created in January of 1998 to assist in identifying potential brownfield properties in BrowardCounty, invite public input to assist in identifying real or perceived contaminated properties, and assist in designatingbrownfield properties by applying statutory selection criteria. The Task Force will make Brownfield siterecommendations to the Broward County Board of County Commissioners and other local government officials basedon recommendations from its subcommittees, the Site Selection Subcommittee and the Environmental JusticeSubcommittee. The Task Force holds regular public meetings to engage staff, residents, developers, businesses andregulators in developing and implementing the Program.

Broward County DPEP and the Brownfield Site Rehabilitation AgreementOnce an area is designated, and if actual contamination exists, the person responsible for brownfield site rehabilitation(Responsible Party) must enter into a Brownfield Site Rehabilitation Agreement (BSRA) with FDEP or the approvedlocal pollution control program. The Broward County Department of Planning and Environmental Protection (DPEP)has been delegated the authority to enforce the provisions of the Florida Brownfields legislation on behalf of FDEP. Once a BSRA is executed, Broward County DPEP acts as the regulatory body to oversee cleanup at aBrownfield site in Broward County.

The BSRA includes (but is not limited to) the following:1) cleanup schedule and time frame for all agencies to review reports and plans2) commitment letter to use a registered licensed engineer or geologist, and3) commitment letter to clean up the site according to the Brownfield site contamination cleanup criteria rule

(62-785, Florida Administrative Code).

See Brownfields, continued on page 4

Brownfields-designated Area in Miramar, FL

Brownfields (continued from page 3)

A Responsible Party, who executes a BSRA and implements it, gains liability protection and is able to use risk-basedcorrective action (RBCA) principles for cleanup, pursuant to Chapter 62-785, Florida Administrative Code. Thirdparties can still pursue actions for damages, but they cannot compel a more stringent cleanup. The DEP reserves theright to require additional site remediation under limited circumstances. Lenders who have a security interest in aBrownfield property are protected from liability unless the lender takes on a management or decision making roleregarding the site.

Currently in Florida, cleanup criteria for non-petroleum-contaminated sites are based on applicable groundwater andsurface water standards, groundwater guidance concentrations, and soil cleanup guidelines. RBCA principles arebased on these same cleanup criteria but considers risk to human health, public safety and the environment indetermining whether site-specific deviations are appropriate. Additionally, under certain conditions, RBCA allows forthe use of institutional controls (such as land use and deed restrictions) and engineering controls (such as impermeablecaps) to eliminate exposure to contaminants as alternatives to cleanup.

How do I get more information?For more information about the Broward County Brownfield Redevelopment Program, please contact the BrowardCounty Office of Economic Development at (954) 357-6155 or David Vanlandingham of the EAR Section at (954)519-1478. For information regarding potential brownfields sites outside of Broward County, contact the BrownfieldsLiaison, Florida Bureau of Waste Cleanup, at (850) 488-1090, or your local FDEP District Brownfields Coordinator,or visit the Florida Brownfields Program website at: http://www.dep.state.fl.us/dwm/programs/brownfields/

Related Links: EPA Brownfields Homepage: http://www.epa.gov/swerosps/bf/index.htmlUniversity of South Florida Center for Brownfield Rehabilitation Assistance: http://www.cas.usf.edu/envir_sci_policy/Brownfields/index.htmlSouth Florida Regional Planning Council Brownfields Partnership:

http://www.sfrpc.com/brwnflds.htm

Feedback ForumIn order to improve the services which the EAR Section providesand better understand your needs, we need your feedback! Do youhave a suggestion for the Times? Are there areas in which theSection can serve you better? There are several ways which youcan provide us with your constructive criticism:• We have provided a questionnaire for you on the last page

of this Times edition. You may print it, fill it out, andreturn it via fax to Lorenzo Fernandez, P.E., at (954) 765-4804

• You may print the questionnaire, fill it out, and send it viaU.S. mail to:Department of Planning and Environmental ProtectionATTN: Lorenzo Fernandez, P.E.218 S.W. 1st AvenueFort Lauderdale, FL 33301

• If you elect not to use the form, you may contact Mr.Fernandez via email at lfernandez@broward.org or viatelephone at (954) 519-1249.

Special Thanks...

For this Times Edition goes to

the following members of

Broward County’s

Environmental Assessment

and Remediation Section:

John Gomolka, P.G.

David Vanlandingham

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SECTION THREE: The Broward Environmental Remediation Times

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